|
From: "Karen Dudnikov" karen@tabberone.com To: kloomis@ryr.com Date: Thu, October 23, 2003 5:50 am Subject: RE: eBay Listing(s) Removed - VeRO Program/reply 4 Yesterday, I emailed you the follwing response and I have not received an answer. I need to know what your intentions are about restoring my auction and tellng eBay to remove the black mark on my record.
Karen
-------- Original Message -------- I do not require a license or permission. Nor is what I am doing illegal. The first sale doctrine, copyright law, gives me the right to make and sell fabric products. The Supreme Court has said copyright "protection has never accorded the copyright owner complete control over all possible uses of his work. See Fogerty v. Fantasy, Inc., 510 U.S. 517, 526 (1994). In Precious Moments vs La Infantil, 1997, (D.P.R.) 971 F.Supp. 66, the First Circuit Court specifically rejected the copyright claim where La Infantil was being accused with unauthorized use of copyrighted fabric, saying that "bedding items manufactured with lawfully acquired, authentic fabric with copyrighted design were not infringing derivative works." The only relief the court granted Precious Moments was to have La Infantil put labels on the fabric items because the items were bring sold in their stores. In Quality King Distributors, Inc. v. L'Anzaresearch Int'l, Inc (98 F.3d 1109, reversed), Justice Stevens noted for a unanimous Supreme Court: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution." I want the termination recinded immediately and I want you to inform eBay that there is to be no black mark retained against my account as a result of your improper action.
Karen |